OAR 340-218-0090: General Permits

(1) DEQ may, at its own discretion, after notice and opportunity for public participation provided under OAR 340-218-0210, issue general permits for sources that meet the criteria in section (3). General permits must comply with all requirements applicable to other Oregon Title V Operating Permits, including but not limited to emission limitations and standards, monitoring and related recordkeeping and reporting requirements, fees, and criteria by which sources may qualify for general permits. (2) Any source may petition DEQ to establish a general permit and must do so within 60 days of becoming subject to the rule requiring a Title V permit. If DEQ determines that a general permit is not appropriate, the source shall file a complete application for a Title V permit within 90 days of the DEQ determination. (3) The owner or operator of a source which meets the following criteria may apply to be covered under the terms and conditions of a general permit: (a) There are several permittees, permit applicants or potential permit applicants who have the same or substantially similar operations, emissions, activities or facilities; (b) The permittees, permit applicants or potential permit applicants emit the same types of regulated air pollutants; (c) The operations, emissions, activities or facilities are subject to the same or similar standards, limitations and operating requirements; (d) The operations, emissions, activities or facilities are subject to the same or similar monitoring requirements; (e) The permittees, permit applicants or potential permit applicants have the ability to comply with the general permit; (f) The burden for DEQ to develop the general permit is not arduous; and (g) DEQ does not consider the existing source to be a problem source based on its complaint record and compliance history or does not anticipate the new source will be a problem source based on the source category and the emissions. (4) General permits may be issued for the following purposes: (a) To establish terms and conditions to implement applicable requirements; (b) To establish terms and conditions to implement applicable requirements for specified categories of changes to permitted sources; and (c) To establish Plant Site Emission Limits under OAR 340 division 222 from sources in the specified category. (5) Notwithstanding the shield provisions of OAR 340-218-0110, the source will be subject to enforcement action for operation without an Oregon Title V Operating Permit if the source is later determined not to qualify for the conditions and terms of the general permit. (6) General permits will not be authorized for affected sources under the national acid rain program unless provided in regulations promulgated under Title IV of the FCAA. (7)(a) Oregon Title V Operating Permit program sources that would qualify for a general permit must apply to DEQ for coverage under the terms of the general permit or must apply for an Oregon Title V Operating Permit consistent with OAR 340-218-0040. (b) If some but not all of a source's operations, activities and emissions are eligible for coverage under a general permit, the source must apply for and receive coverage under an Oregon Title V Operating permit under OAR 340-218-0040. (c) DEQ may, in the general permit, provide for applications which deviate from the requirements of OAR 340-218-0040, provided that such applications meet the requirements of Title V of the FCAA and include all information necessary to determine qualification for, and compliance with, the general permit. (d) Without repeating the public participation procedures required under OAR 340-218-0210, DEQ may grant an owner's or operator's request for authorization to operate under a general permit if the source meets the applicability criteria for the general permit, but such a grant will not be a final permit action for purposes of judicial review. (8) When an emissions limitation applicable to a general permit source is promulgated by the EPA or adopted by the state, the source must: (a) Immediately comply with the provisions of the applicable emissions standard; and (b)(A) Within 12 months of standard promulgation, apply for an operating permit, pursuant to OAR 340-218-0040, if three (3) or more years are remaining on the general permit term; or (B) Apply for an operating permit at least 12 months prior to permit expiration, pursuant to OAR 340-218-0040, if less than three (3) years remain on the general permit term.